PRENUPTIAL AGREEMENTS– REQUIREMENTS
Requirements for a premarital agreement in mississippi
The basic requirements of a premarital agreement are:
- The agreement must be in writing;
- The agreement must voluntarily signed;
- There must be full and fair disclosure of all terms prior to signing;
- There must be full disclosure of all assets; and,
- The agreement must be executed before the marriage.
Because a prenuptial agreement is a contract, it is subject to Mississippi contract law. However, unlike a typical contract there is a duty to disclose. In order to protect your prenuptial agreement from a legal challenge, you must be able to show that you provide your spouse with full disclosure of the legal ramifications of signing the agreement. The best way to prevent a challenge is for both parties to be represented by counsel. However, while that is the best practice, it is not necessary for either person to have an attorney.
Another best practice for establishing full disclosure is providing a reasonable period of time to review the proposed agreement prior to the wedding. This means that it is best not to present the proposed agreement shortly before the wedding ceremony. The better practice is to provide your future spouse with a draft of the prenuptial agreement long before the wedding. Nevertheless, prenuptial agreements signed on the day of the wedding have been enforced.
Prenuptial agreements in Mississippi are not enforceable to the extent they cover issues relating to the children, such as custody and visitation. Matters involving children must be decided by a Judge based on what is in the children’s best interests at the time of the divorce.
There are several ways that a prenuptial agreement can be attacked in court. These include waiver, involuntariness, unconscionability, and a failure to disclose assets. Virtually any traditional common law defense to the enforceability of a contract may be raised to defeat the terms of a prenuptial agreement.
If you are considering using a premarital agreement, it is best to review your personal situation with an experienced contract attorney. Understanding your options and legal remedies before your marriage can give you the peace of mind you are seeking.
Our lawyers have the experience and discretion to help you contractually protect your personal assets in the event of a divorce. To discuss your specific situation and options, contact us by email or call 601-957-3101.